Jarashow v. Emery

142 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1913-05-29 English

Contents

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p. 1124

JARASHOW, Respondent, v. EMERY, Appellant.

(Supreme Court, Appellate Division, Second Department.

May 29, 1913.)

Headnote

Action by Israel Jarashow against John W. Emery.

Judgment and order reversed, and new trial granted, costs to abide the event, on the ground that plaintiff has not shown complete performance, and has not sustained his burden of proof as to substantial performance, because he has not shown the value of the omitted work.

JENKS, P. J., and PUTNAM, J., dissent.